Mariano Munivez and BCT Construction, LLC v. Arturo Alonso

Summary

The Thirteenth Court of Appeals of Texas dismissed the appeal for lack of jurisdiction because appellants filed their notice of appeal after the applicable deadline. The court held that the timely motion for new trial extended the deadline to ninety days after the judgment was signed, and appellants’ Rule 306a request did not alter that deadline.

Holdings

1. When a party timely files a motion for new trial within thirty days after the judgment is signed, the notice-of-appeal deadline is ninety days after the judgment is signed. Because appellants' notice was filed on September 25, 2025, two days after the September 23, 2025 deadline, it was untimely.
2. Absent a timely notice of appeal, the court of appeals lacks jurisdiction and may dismiss the appeal for want of jurisdiction when the appellant fails to cure the defect after notice.

Questions Presented

1. Whether the notice of appeal was timely filed when the judgment was signed on June 25, 2025, appellants timely filed a motion for new trial, and the notice of appeal was filed on September 25, 2025.
2. Whether the court of appeals had jurisdiction when the trial court denied relief under Texas Rule of Civil Procedure 306a and appellants failed to cure the untimely appeal after notice of the defect.

Disposition

dismissed